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HomeMy WebLinkAboutAIA Agreement between Owner and ContractorDocument A101" - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the fglday of December intheyear 2022 (In vtords, indicate day, nronth and year.) BETWEEN the Owner: (Name, legal status, address and other informatiort) @ Kittitas Countv 205 W. 5ih Avenue. Suite 108 Ellensburg. WA 98926 and the Contractor: (Name, legal status, address and other infunnation) Concord Construction. Inc. 8557 Lateral B Road Wapato. WA 98951 for the following Project; (Name, location and detailed description) Kittitas Counfv Bloour Pavilion Addition Ellensburg. WA The Architect: Q{ame, legal status, address and other information) AISC Architects. P.S.. 203 North Washineton. Suite 400 Spokane. WA 99201 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modiflcation. The parties should complete A101@-2017, Exhibit A, lnsurance and Bonds, contemporaneously with this Agreemeht. AIA Document 4201@-2017, ceneral Conditions of the Contract for Construction, is adopted in this document by reference. Do nol use with other general conditions unless this document is modified. lnit. 1 TABLE OF ARTICLES 1 THECONTRACTDOGUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENTAND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Conh'act Documents consisf of this Agleement, Conditions of the Contract (General, Supplementary, and otherConditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listedin this Agleement, and Modifications issued after execution of this Agreement, all of which form the Contuact, and areas fully a patt of the Conhact as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto aud supersedes prior negotiations, representations, or agleernents, either written or oral. An enumeration of the Contract Documents, otner ttran a tvtoaiiication, appears in Rrticle g. ARTICLE 2 THE WORK OF THIS CONTRACT The Conh'actor shall fully execute the Work described in the Conhact Documents, except as specifically indicated inthe Conhact Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION $ 3.1 The date of commencement of the Work shall be: (Check one of thefollou,ing boxes.) t ] The date of this Agreement. t X_] A date set forth in a notice to prcceed issued by the Owner. t ] Established as follows: (Insert a date or a nteans to deterwine the date of commencentent of the Work.) If a date of cornmencement of the Wolk is not selected, then the date of commencement shall be the date of this Agreement. $ 3.2 The Conkact Time shall be measured fiom the date of commencement of the Work. $ 3.3 Substantial Completion $ 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Conhactor shall achieve Substantial Completion of the entire Work: (check one of thefollowing boxes and complete the necessary information.) 1nit. User Notes: report copyright violations, e-mail copyright@aia.org. (1885500467) 2 AIA Document A101@ - 2017. Copyright American lnstitute of Aichitects. All rights o 1915, 1918, 1925,1937,1951, 1958, 196.1, 1963,1367 1974, 1577 , 1 S87, 1 9S1, 1 997, 2007 and 2017 by The AIA Logo, "4101," and'AlA Contract Documents;'arereserved. The "American lnstitute of Archilects," "AlA," theregistered tradema*s and may not be used without permrsston.This document was produced by AIA soflware at 13:51:57 pT on 12!O1!2O22 under OrderNo.21 14266930 which expires on Documentso Terms of Service- To O1|1OI2O23, is not for resale,is licensed for one-time use only, and may only be used in accordance with the AIA Conlract I X-l Not later than iwo hundred forty seven ( 241-) calendar days finrn the date of comrnencement of the Work. I I By the following date; $ 3.3'2 Subject to adjustments of the Contract Time as provided in the Contract Documents, ifportions of the Worlc areto be completed prior to Substantial Completion of the entire Work, the Contractor shall achilve Substantial Completion of such portions by the following dates: Poftion of Work Substantial Completion Date $ 3.3.3If the Contractor fails to achieve Substantial Cornpletion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM $ 4.1 The Owner shall pay the Contmctor the Contract Sum in current flinds for the Contmctor's performance of the Contract. The Contract Sum shall be one million"five hundred seventy-seven thousand four hundrJd and no dlollars (g 1.577.400.00 ), subject to additions and deductions as pravided in the Contract Documents. $ 4.2 Alternates $ 4.2.1 Alternates, if any, included in the Contract Sum: Item price Swinq and Cattle wash areas. and all $57.400.00 required components for a complete installation as shown on drawings labeled as Alternate No. 1. $ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agr.eement. N/A(Insert below each alternnte and tlrc conditions that must be metfor the Ov,ner to accept the alternate.) Item Price Conditions for Acceptance $ 4.3 Allowances, if any, included in the Contract Sum: N/A (I d entify e a c h a ll ow an c e. ) Item price $ 4.4 Unit prices, if any: N/A (Ielentifl the item and state the wdt price and quantity linitations, rf any, to which the tnit price wilt be appticable.) Item Units and Limitations price per Unit (g0.00) $ 4.5 Liquidated damages, if any: (Insert tetms and conditions for liquidated danrages, if any.) $250 Per calendar day or as modified in the Contract until such time as the Wor-k is substantially complete. $ 4.6 Other: (Insert provisions for bonus or other incetrtives, if any, that might resuh in a change to the Contrqct Stuu.) AIA Document A101@ - 2017. Copyright American lnstitute of Architects. All rights @ 191 5, 191 8,'1925, 1537, 1951, 1958, 1961, 1 963, 1967, 1974, 1577, 1 987, 1991, 1997,20O7 and2O17 byThereserved. The "Americsn lnslitute of Architects," "AlA," the AIA Logo, "Al 01,'and "AlA Conlract Documents" ar€registered trademarks and may nol be used wilhout permission. This document was produced by AIA software at 13:51:57 pT on 12tO1!2022 under OrderNo.21 14266930 which expires on 01/10/2023, is not for resale, is licensed for on€-time use only, and may only be used in accordance with lhe AIA ContractDocumentso Terms of Service. To report copydght lnit. User Notes: violations, e-mail copyright@aia.org. (,l885500467) 3 N/A ARTICLE 5 PAYMENTS $ 5.1 Progress Payments $ 5'1.1 Based upon Applications for Payrnent subrnitted to the Architect by the Contractor and Certihcates for Payment issued by the Architect, the Owner shall make plogl'ess payments on account of the Contract Sum to theconfiactor as provided belorv and elsewhere in the contract Documents. $ 5'1.2 The period covercd by each Application for Payment shall be one calendar month ending on the last day of themonth, or as follows: $ 5.1'3 Provided tltat an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the amount certified to the Contractor not later tlan the last day of the next month.If an Application fol Payment is received by the Architect after the application date fixed abwejpayment of the amount certified shall be rnade by the Owner not later than thiLty ( 3l ) aayr after the Architect receives theApplication for Payment. (Federal, state ot' Iocal le\vs nwy require payntent within a certain periort of time.) $ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values slbmitted by the Contractorin accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among thevatjous portions of the Work. The schedule of values shall be preparcd in such form, and supported by such data-to zubstantiate its accuracy, as the Architect may rcquile. This schedule of values shall be ur.O ur a basis for reviewing the Contractor's Applications for Payment. $ 5'1.5 Applications for Payment shall show the percentage of completion of each portion of the Wor.k as of the end ofthe period covered by the Application for payment. $ 5'1.6 ln accordance with AIA Document A20[M--2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Doculnents, the amount of each plogress payment shall be computed asfollows: $ 5.1.6.1 The amount of each progress payment shall first include:.1 That portion of the Contract Sum properly allocable to completed Work; '2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the cornpleted conshuction, o4 ifapproved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and.3 That portion of Construction Change Dircctives that theArchitect determind n tn" Architect,s professional judgment, to be reasonably justifi ed. $ 5.1.6.2 The amount of each progress payment shall then be reduced by:,1 The aggregate of any amounts previously paid by the Owner; '2 The amount, if any, for Work that remains unconected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document 420I--2Ai7;.3 Any amount for which the Conhactor does not intend to pay a Subcontractor or material supplier, unless the Work has been perfouned by others the Contractor intends to pay;-4 For Wor* performed or defects discoveled since the last payment application, any amount for which the Architect may withhold payment, or nullifli a Certificate of payment in whole or in part, as provided in Article 9 of AIA Document A20l-2017; and.5 Retainage withheld pursuant to Section 5.1.7. $ 5.1.7 Retainage ! 5.1'7:1 For each progr€ss payment made prior to Substantial Completion of the Work, the Owner may withhold thefoliowing amount, as retainage, fiorn the payment otherwise due: (Insert a percentage or amount to be withheld as retainagefi'om each Applicationfor Payment. The amount of retahtage may be limited by goventing law.) s% AIA Document A101@ - 2017. Copyright @ 1 91 S, .l 91 8, 1rg21, 1gg7 , 1 951, tS58, 1 961, 1 963, 1967, 197 4, 1977, 1587, 1 991, 1 997 ,2007 and 2017 by The Documenls" areAmerican lnstitute of Architects. All righls reserved. The "American lnstltute of Architscts,'"AlA," the AIA Logo, "A101,'and "AlA Conlractregisteredtrademarks and may not be used without permission,This document was produced by AIA software at 13:51:S7 pT on 12101t2O22 under OrderNo.2l1 4266930 which expires on 0111012023, is not for resale, is licensed for one-lime use only, and may only be used in accordanc€ w;th the AIA ContractDocuments@ Terms of Service. To report copyright violations, e-mail User Notes: lnit. copyrighl@aia.org. {1885500467) 4 S 5.1.7.1.1 The following iterns are not subject to retainage: (Insert any itetns not subject to the withholding of retainage, such as genet.al cottclitions, insurance, etc.) Washineton State and Local Sales Tax S 5.1,7.2 Reduction or limitation of retainage, if any, shall be as follows; (If the retainage established in Section 5.1.7.I is to be modified prior to Snbstantful Contpletion of the entit.e l4/ork, including modificationsfor Substantial Completion of portions of the Work as providecl irr Section 3.3.2, insert p rovis ion s for s uch n odifi cati ons. ) N/A $ 5.1 .7.3 Except as set forth in this Section 5. I .7.3, upon Substantial Completion of the Wor.k, the Conhactor may submit an Application for Payment that includes the retainage withheld frcm prior Applications for payment pursuant to this Section 5.1.'7. The Application for Payment subrnitted at Substantial Cornpletion shall not include retainage asfollows: (Insert any other conditions for release of retainage trpon substantial conryletion.) S 5'1,8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document AZ0l10l7. $ 5.f .9 Except with the owler's prior apprcval, the Confractor shall not make advance payments to suppliers for matedals or equipment which have not been delivered and stored at the site. $ 5.2 Final Payment $ 5.2.1 Final payment, constituting the entire unpaid balance of the Conhact Sum, shall be made by the Owner to the Conhactor when ,1 the Contractor has fully perfotmed the Contract except for the Conh'actor's responsibility to correct Wotk as ptovided in A*icle 12 of AIA DocumentA20 l2An,and to satisfu other requirements, if any, which extend beyond final payment; and.2 a final Certificate for Payment has been issued by the Architect. S 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 clays after the issuance of the A;'chitect's final Cerlificate for Payment, or as follows: UPQn confirmation by the Washington State Department of Revenue and the Washineton State Department of Labor and Indush'ies that all amounts due related to this project have been paid in full. $ S.3lnterest Payments due and unpaid under the Contract shall bear interest fiom the date payment is due at the rate stated below, or in the absence thereo{ at the legal rate prevailing ffom time to time at the place where the Project is located. (Insert rate of interest ag.eed upon, if any.) One-Half % PerMonth % 0.5 Per month ARTICLE 6 DISPUTE RESOLUTION $ 6.1 lnitialDecision Maker The Architect will serve as the Initial Decision Maker pursuant to Article I 5 of AIA Document A20l 1017 ,unless the parties appoint below another individual, not a pafiy to this Ageement, to serve as the Initial Decision Maker. (If the patties nrutually agree, insert lhe name, add'ess and other contact inftrntarion of the luitial Decisiott Maker, if other than the Architect.) AIA Document A101@ -2017. Copyright American lnstilute of Architects. All rights o 1915, 1918, 1925,1937,.t 9s1, 1958, 1961, 1363, 1567 , 1974, 1s77 1S87, 1S91, 1997,2007 and 2017 by Thereserved, The'American lnstitute of Architects," "AlA," the AIA Logo, ',A 1Ol,'and 'AlA Contract Documenls" arereglstered trademarks and may nol be used without permission.This document was produced by AIA software at 13:51:57 pr on 1.2fi112022 undor orderNo.21 14266930 which expires on Documentso Terms of Service. To 01110t2023,is not for resale, is licensed for one-time use only, and may only be used in accordance wilh the AIA Contract lnit. User Notes: report copyright violations, e-mail copyright@aia.org. (1885500467) 5 $ 6.2 Binding Dispute Resolution For any Clairn srrbject to, but not resolved by, mediation pursuant to Article l5 of AIA Document A20I'20l7,the method of binding dispute resolution shall be as follows: (Check the appropriate box.) t ] Arbitration pursuant to Secrion 15.4 of AIA Documenr 42A1-2An I X_l Litigation in a court of competent jurisdiction t I Other (Specifi) Shall be subject to mediation as a condition precedent to binding dispute resolution. If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation iria court of competent jurjsdiction. ARTICLE 7 TERMINATION OR SUSPENSION $ 7'1 The Conhact may be terminated by the Owner or the Contractor as provided in Article l4 of AIA DocumentA2At10t7. S i'1.1 If the Conhact is tetminated for the Owner's convenience in accordance with Ar-ticle 14 of AiA Document 4201-2017, then the owner shall pay the contractor a termination fee as follows: (lnsert the amount of, ot methodfor deternining, thefee, if any, payable to the Contractot following a terminationfor tlte Ownet"s corn enience.) $ 7.2 The Work rnay be suspended by the Owner as provided in Article 14 of AIA Document AZ0l-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS $ 8.1 Wrere reference is made in this Agreement to a provision of AIA Document A20l_2017 or another Conhact Document, the reference refers to that provision as amended or supplernented by other provisions of the Contract Documents. $ 8.2 The Owner's representative: (Nante, address, enwil address, snd other infonnation) Patti Stace:r. Director Kittitas County Solid Waste 925Industrial Way Ellensburg. WA 98926 $ 8.3 The Contractor's representative: (Name, address, email address, and other.infurmation) Karl J. Lieber*necht. President Concord Conshuction. Inc. 8557 Lateral B. Road Wapato. WA 98951 $ 8'4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. 1991, 1Ss7, 2007 and 2017 byThe and "AlA Contract Documents" are :57 PT on 12l0il2022under Order in accordance with the AIA Contracl (1885s00467) lnlt.AIA Document A1016 - 2017. copyright @ 191 b, 1s14, 1s2s,1937,1951, 1ss8, 1 961, 1 s63, 1967, 1974, 1s71, 1sB7, American lnstitute of Architects. All rights reserved. The 'Amerlcan lnstitute ot Architects," "AlA," the AIA Logo, "AlOt,;regist€re_d-trademarks and may nol be used without permission. This document was proiuced by AIA softwire at 13:61No.2114266^9!0 which expires on 0111012023, is not for resale, is licensed for one-lime use only, and may only be usedDocumentso Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Noles: 6 $ 8.5 lnsurance and Bonds $ 8.5'1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document Al0lrM-2017, Standard Form of Agreetnent Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. $ 8.5'2 Tlte Conhactor shall provide bonds as set forth in AIA Document A l0l rM-2017 Exhibit A, and elsewhere in the Conhact Documents. $ 8.6 Notice in elechonic founat, pursuant to Article 1 of AIA Document A 201-2017,may be given in accordance with AIA Document E203rM-2013, Building Information Modeling and Digital Data Exhibit, iicompleted, or as otherwise set forth below: (If othet than in sccordancewith AIA Document 8203-2013, insert requirementsfor tlelitering notice in electrotic fonnat sueh as nanre, title, and enruil oddress of the recipient qnd wheiher anel hiw the system*will be reqtdred to generate a read receiptfor the transmission.) N/A $ 8.7 Other plovisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS $ 9.1 This Agreement is comprised of the following documents:.1 AIA Document Al01rM10I7, Standard Form of Agreement Between Owner and Contmctor ,2 .3 AIA Document A201rM-2017, General Conditions of the Contract for Consh-uction .4 indiea+ed+etew- ,5 Drawings Number See attached Exhibit 'A' .6 Specifications Section See attached Exhibit 'B' Pages .7 Addenda, if any: Date Date Title Title Number Addendum No. I Addendum No. 2 Date October 12.2022 October 18. 2022 Pages 1 2 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes thst apply and include appropriote infornntion identfuing the exhibit where required.) I ] AIA DocumentE1}4au-2}l?, Sustainable Projects Exhibit, dated as indicated below: rhir AIA Document A1016 - 2017. Copyright American lnstitute of Architects. All rights G) 1S15, 191B, 1925, 1937, 1951, .1958, 196.t, 1S63, 1967,1974,1s77,1587,19S1, 1997 ,2007 and 2017 by The Documents" arereserved. The 'American lnstitute of Architects," "AlA,,' the AIA Logo,'A101," and "AlA Contractregistered lrademarks and may not be used without permission. This document was producod by AIA software at 13:51:S7 pT on 12tO1!2O22 under OrderNo.21 14266930 which expires on Documents@ Terms of Service. To 0111012023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract User Notes: report copyright violations, e-mail copyright@aia.org. (188s500467) 7 (Inserl the date of the E2A4-20 1 7 incorporated itrto this Agreentent.) t I The Sustainability Plan: Title Date NIA ] Supplementary and other Conditions of the Contract: Document Title Supnlementarv General Conditions of the Contract. Pages Date 4/t3tzt 22 Pages Othel documents, if any, listed below: (List here any additional docuntents that are intended tofonn part of the Contract Docunents. AIA Document A20Iru-2A17 provides that the advertisement or invitation to bid, Instructions to Biflders, samplefonns, the Contractor's bid or proposal, portions of Addenda relating to bidcling or proposal requirenents, and other infonnationfurnished by the Owner in anticipation of receivirtg bids or proposals, are not part of the Contruct Documents unless enwnerated in this Ag.eenent. Aryi sw:h docunents should be listed here only if intended to be part of the contract Documents.) as ofthe day and year first wlitten above. (Signatut'e) Karl J. Liebelknecht. (Printed none (Printed name snd title) AlADocumentAlOl6-2017.Copyrigh|O1915,1S18,1925,1937,1951,1958,1961,1363,1367,1574,1977,1982,1991,1997,2OO7and2017byThe American lnstitute of Archit€cts. All rights reserved. The "American lnstitute of Architects," 'AlA," the AIA Logo, .A101,'; and "AlA Contract Documents; are l€giltsted trademarks and may nol be used without permission. This document was produced by AIA softwire at 15:36:04 pT on 12!O1t1o22undet Ordet No.21 14266€30 which expires on 0111012023, is not for resale, is licensed for one-time use only, and may only be usod in accordance with lhe AIA Contract Documents@ Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (10SbS95384) .9 lnit. 8 Certification of Document's Authenticity AIA@ Document D401rM - 20A3 I, , hereby certiSr, to the best of my knowledge, information and belief, that I created the attached final document simnltaneously with this certification at l3;51:57 PT on 12/01/2022under Order No .2114266g30finm AIA Contracr Documents software and that in preparing the attached final document I made no changes to the original text of AIA@ Document A lllrIi - 2017, Standatd Form of Agreement Between Owner and Contracior where the basis ofpayment is a Stipulated Sum, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and shiking over deleted text. (Signed) Qitle) (Dated) 1